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    Donald Trump Is Not Above the Law

    Over the course of this summer, the nation has been transfixed by the House select committee’s hearings on the events of Jan. 6, 2021, and how or whether Donald Trump might face accountability for what happened that day. The Justice Department remained largely silent about its investigations of the former president until this month, when the F.B.I. searched his home in Palm Beach, Fla., in a case related to his handling of classified documents. The spectacle of a former president facing criminal investigation raises profound questions about American democracy, and these questions demand answers.Mr. Trump’s unprecedented assault on the integrity of American democracy requires a criminal investigation. The disturbing details of his postelection misfeasance, meticulously assembled by the Jan. 6 committee, leaves little doubt that Mr. Trump sought to subvert the Constitution and overturn the will of the American people. The president, defeated at the polls in 2020, tried to enlist federal law enforcement authorities, state officials and administrators of the nation’s electoral system in a furious effort to remain in power. When all else failed, he roused an armed mob that stormed the Capitol and threatened lawmakers.The Justice Department is reportedly examining Mr. Trump’s conduct, including his role in trying to overturn the election and in taking home classified documents. If Attorney General Merrick Garland and his staff conclude that there is sufficient evidence to establish Mr. Trump’s guilt on a serious charge in a court of law, then they must indict him, too.This board is aware that in deciding how Mr. Trump should be held accountable under the law it is necessary to consider not just whether criminal prosecution would be warranted but whether it would be wise. No American president has ever been criminally prosecuted after leaving office. When President Gerald Ford pardoned Richard Nixon, he ensured that Nixon would not be prosecuted for crimes committed during the Watergate scandal; Ford explained this decision with the warning that such a prosecution posed grave risks of rousing “ugly passions” and worsening political polarization.That warning is just as salient today. Pursuing prosecution of Mr. Trump could further entrench support for him and play into the conspiracy theories he has sought to stoke. It could inflame the bitter partisan divide, even to the point of civil unrest. A trial, if it is viewed as illegitimate, could also further undermine confidence in the rule of law, whatever the eventual outcome.The risks of political escalation are obvious. The Democratic and Republican parties are already in the thick of a cycle of retribution that could last generations. There is a substantial risk that, if the Justice Department does prosecute Mr. Trump, future presidents — whether Mr. Trump himself or someone of his ilk — could misuse the precedent to punish political rivals. If their party takes a majority in the House of Representatives after the midterm elections, some Republicans have already threatened to impeach President Biden.There is an even more immediate threat of further violence, and it is a possibility that Americans should, sadly, be prepared for. In the hours after federal agents began a court-approved search of Mr. Trump’s residence in Palm Beach, based on a warrant investigating possible violations of three federal laws, including one that governs the handling of defense information under the Espionage Act, his most fervent supporters escalated their rhetoric to the language of warfare. As The Times noted, “The aggressive, widespread response was arguably the clearest outburst of violent public rhetoric since the days leading up to the Jan. 6 attack on the Capitol.”Mr. Garland has been deliberate, methodical and scrupulous in his leadership of the Justice Department’s investigations of the Jan. 6 attack and the transfer of documents to Mr. Trump’s home. But no matter how careful he is or how measured the prosecution might be, there is a real and significant risk from those who believe that any criticism of Mr. Trump justifies an extreme response.Yet it is a far greater risk to do nothing when action is called for. Aside from letting Mr. Trump escape punishment, doing nothing to hold him accountable for his actions in the months leading up to Jan. 6 could set an irresistible precedent for future presidents. Why not attempt to stay in power by any means necessary or use the power of the office to enrich oneself or punish one’s enemies, knowing that the law does not apply to presidents in or out of office?More important, democratic government is an ideal that must constantly be made real. America is not sustained by a set of principles; it is sustained by resolute action to defend those principles.Immediately after the Jan. 6 insurrection, cabinet members reportedly debated privately whether to remove Mr. Trump from power under the authority of the 25th Amendment. A week after the attack, the House impeached Mr. Trump for the second time. This editorial board supported his impeachment and removal from office; we also suggested that the former president and lawmakers who participated in the Jan. 6 plot could be permanently barred from holding office under a provision of the 14th Amendment that applies to any official who has “engaged in insurrection or rebellion” or given “aid or comfort” to those who have done so. But most Republicans in the Senate refused to convict Mr. Trump, and Congress has yet to invoke that section of the 14th Amendment against him. As a result, the threat that Mr. Trump and his most ardent supporters pose to American democracy has metastasized.Even now, the former president continues to spread lies about the 2020 election and denounce his vice president, Mike Pence, for not breaking the law on his behalf. Meanwhile, dozens of people who believe Mr. Trump’s lies are running for state and national elected office. Many have already won, some of them elevated to positions that give them control over how elections are conducted. In June the Republican Party in Texas approved measures in its platform declaring that Mr. Biden’s election was illegitimate. And Mr. Trump appears prepared to start a bid for a second term as president.Mr. Trump’s actions as a public official, like no others since the Civil War, attacked the heart of our system of government. He used the power of his office to subvert the rule of law. If we hesitate to call those actions and their perpetrator criminal, then we are saying he is above the law and giving license to future presidents to do whatever they want.In addition to a federal investigation by the Justice Department, Mr. Trump is facing a swirl of civil and criminal liability in several other cases: a lawsuit by the attorney general for the District of Columbia over payments during his inauguration ceremonies; a criminal investigation in Westchester County, N.Y., over taxes on one of his golf courses; a criminal case in Fulton County, Ga., over interference in the 2020 election; a criminal case by the Manhattan district attorney over the valuation of Mr. Trump’s properties; and a civil inquiry by New York’s attorney general into Mr. Trump and the Trump Organization.The specific crimes the Justice Department could consider would likely involve Mr. Trump’s fraudulent efforts to get election officials in Georgia, Arizona and elsewhere to declare him the winner even though he lost their states; to get Mr. Pence, at the Jan. 6 congressional certification of the election, to throw out slates of electors from states he lost and replace them with electors loyal to Mr. Trump; and to enlist officials from the Departments of Justice, Homeland Security and Defense to persuade officials in certain states to swing the election to him and ultimately stir up a mob that attacked the Capitol. The government could also charge Mr. Trump with seditious conspiracy, a serious charge that federal prosecutors have already brought against leaders of far-right militia groups who participated in the Capitol invasion.The committee hearings make it clear: Mr. Trump must have known he was at the center of a frantic, sprawling and knowingly fraudulent effort that led directly to the Capitol siege. For hours, Mr. Trump refused to call off the mob.The testimony from hundreds of witnesses, many of them high-ranking Republican officials from his own administration, reveal Mr. Trump’s unrelenting efforts, beginning months before Election Day and continuing through Jan. 6, to sow doubt about the election, to refuse to accept the result of that election and then to pursue what he must have known were illegal and unconstitutional means to overturn it. Many participants sought pre-emptive pardons for their conduct — an indication they knew they were violating the law.Other evidence points to other crimes, like obstruction of Congress, defined as a corrupt obstruction of the “proper administration of the law.” The fake-elector scheme that Mr. Trump and his associates pushed before Jan. 6 appears to meet this definition. That may explain why at least three of Mr. Trump’s campaign lawyers were unwilling to participate in the plot. People involved in it were told it was not “legally sound” by White House lawyers, but they moved forward with it anyway.Cassidy Hutchinson, a top aide to Mr. Trump’s last chief of staff, Mark Meadows, provided powerful evidence that could be used to charge Mr. Trump with seditious conspiracy. In her public testimony at a Jan. 6 committee hearing, she said that Mr. Trump was informed that many in the throng of supporters waiting to hear him speak on the Ellipse that day were armed but that he demanded they be allowed to skip the metal detectors that had been installed for his security. “They’re not here to hurt me,” he said, according to Ms. Hutchinson. “Let my people in. They can march to the Capitol from here.”If Mr. Garland decides to pursue prosecution, a message that the Justice Department must send early and often is that even if Mr. Trump genuinely believed, as he claimed, that the election had been marred by fraud, his schemes to interfere in the certification of the vote would still be crimes. And even though Mr. Trump’s efforts failed, these efforts would still be crimes. More than 850 other Americans have already been charged with crimes for their roles in the Capitol attack. Well-meaning intentions did not shield them from the consequences of their actions. It would be unjust if Mr. Trump, the man who inspired them, faced no consequences.No one should revel in the prospect of this or any former president facing criminal prosecution. Mr. Trump’s actions have brought shame on one of the world’s oldest democracies and destabilized its future. Even justice before the law will not erase that stain. Nor will prosecuting Mr. Trump fix the structural problems that led to the greatest crisis in American democracy since the Civil War. But it is a necessary first step toward doing so.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.

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    Georgia Governor Seeks to Keep Distance From Trump Inquiry

    ATLANTA — Gov. Brian Kemp was one of the Georgia Republican officials who declined to help Donald J. Trump overturn his 2020 election loss in the state — a decision that had him hailed as a hero in some quarters.And yet, on Thursday, Mr. Kemp’s lawyers showed up in an Atlanta courtroom to argue that the governor should not have to help with the ongoing criminal investigation into election meddling by testifying before a special grand jury. Mr. Kemp’s legal team has accused Fani T. Willis, a Democrat and the local prosecutor leading the inquiry, of politicizing the investigation, and wants any testimony to take place after the polls close on his re-election bid in November.In a sign of how widely her case is expanding, Ms. Willis also moved on Thursday to compel testimony from a number of additional Trump advisers, including Mark Meadows, his former chief of staff in the White House, and Sidney Powell, a lawyer who advanced the most aggressive conspiracy theories falsely claiming that the 2020 election was stolen. And Ms. Willis indicated in court filings that her investigation now encompasses “an alleged breach of elections data” in rural Coffee County, Ga., which was part of a larger effort by Trump allies to infiltrate elections systems in swing states.In court, the lawyers for Mr. Kemp made a number of arguments as to why he should not have to comply with the subpoena at all, but they were received skeptically by Judge Robert C.I. McBurney of Fulton County Superior Court, who did not immediately make a ruling.“The governor doesn’t think he’s beyond any reach of law, but he’s just beyond the reach of this particular subpoena,” said S. Derek Bauer, one of Mr. Kemp’s lawyers.Mr. Kemp, who is locked in a tight race for re-election with Stacey Abrams, a Democrat, has tried to maintain a difficult balancing act since falling out of Mr. Trump’s good graces. The former president soured on Mr. Kemp in 2020 after the governor declined Mr. Trump’s request to call a special session of the Georgia Legislature so that a group of pro-Trump electors could be named in place of the legitimate ones earned by Joseph R. Biden Jr., who defeated Mr. Trump by just under 12,000 votes in the state.Jenna Ellis, a lawyer for Mr. Trump, was scheduled to testify before the grand jury in Atlanta on Thursday.Tom Williams/Getty ImagesAt one point, Mr. Trump called Mr. Kemp “the worst ‘election integrity’ governor in the country.”Since then, even as his name elicited torrents of boos from the Trump faithful at rallies and Republican events, Mr. Kemp has found a way to stay alive politically. In May, he crushed Mr. Trump’s handpicked Republican primary candidate, David Perdue, the former U.S. senator, by focusing on his record of conservative policy accomplishments and economic success, and largely avoiding the topic of Mr. Trump.But the general election fight presents its own complex series of calculations. Though polling in recent months has shown Mr. Kemp leading Ms. Abrams, she is a formidable fund-raiser hoping to ride a wave of changing demographics and fresh concerns about Republican overreach on issues like abortion.Charles S. Bullock III, a professor of political science at the University of Georgia, said Mr. Kemp might be wary of turning off some centrist voters, but the deeper risk could be turning off Mr. Trump’s considerable base in Georgia.Understand Georgia’s Trump Election InvestigationCard 1 of 5Understand Georgia’s Trump Election InvestigationAn immediate legal threat to Trump. More

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    Florida Pair Pleads Guilty in Theft of Ashley Biden’s Diary

    Aimee Harris and Robert Kurlander admitted to participating in a conspiracy in which Ashley Biden’s diary ended up in the hands of the conservative group Project Veritas near the end of the 2020 campaign.Federal prosecutors presented new evidence on Thursday implicating the conservative group Project Veritas in the theft of a diary and items belonging to Ashley Biden, President Biden’s daughter, laying out in court papers their fullest account yet of how allies of President Donald J. Trump tried to use the diary to undercut Mr. Biden in the final days of the 2020 campaign.The court papers were filed in connection with the guilty pleas on Thursday of two Florida residents who admitted in federal court in Manhattan that they had stolen the diary and sold it to Project Veritas.Prosecutors directly tied Project Veritas to the theft of Ms. Biden’s items in the court papers, saying that an employee for the group had directed the defendants to steal additional items to authenticate the diary and paid them additional money after receiving them.Citing a text message between the defendants who pleaded guilty — Aimee Harris and Robert Kurlander — prosecutors provided new insights into how Project Veritas tried to authenticate the diary and what the group had planned to do with it.“They are in a sketchy business and here they are taking what’s literally a stolen diary and info,” Mr. Kurlander wrote, adding that Project Veritas was “trying to make a story that will ruin” Ms. Biden’s life “and try and effect the election.”Federal prosecutors in Manhattan have been investigating the theft of the diary and Project Veritas’s role in it since they were alerted to the theft just days before the 2020 election, as the group sought to interview Mr. Biden about the contents of the diary.The investigation has spurred questions about how much the First Amendment can protect a group that claims it is a news media organization even though its methods fall far outside traditional journalistic norms.And it has put Mr. Biden’s Justice Department in the highly unusual position of investigating a crime in which the president’s daughter was a victim at the same time it is weighing whether to charge his son, Hunter Biden, in a separate case involving potential tax and foreign lobbying violations.In their pleas, Ms. Harris, 40, and Mr. Kurlander, 58, admitted they took part in a conspiracy to transport stolen materials from Florida, where Ms. Biden had been living, to New York, where Project Veritas has its headquarters.“Harris and Kurlander stole personal property from an immediate family member of a candidate for national political office,” Damian Williams, the U.S. attorney for the Southern District of New York, said in a statement.“They sold the property to an organization in New York for $40,000 and even returned to take more of the victim’s property when asked to do so,” Mr. Williams said. “Harris and Kurlander sought to profit from their theft of another person’s personal property, and they now stand convicted of a federal felony as a result.”As part of the investigation, the authorities have executed a search warrant at the homes of two former employees and Project Veritas’s founder, James O’Keefe, and they have obtained a trove of the group’s emails from around the time it purchased the diary.No charges have been filed against Project Veritas or any of its operatives, and the group never published the diary. But in a sign that the investigation into the group will continue, the authorities said Mr. Kurlander had agreed to cooperate with the authorities.Ms. Harris’s lawyer, Sanford Talkin, declined after the hearing to discuss whether she would cooperate with the authorities, saying: “She has accepted responsibility for her actions, and she looks forward to moving forward with her life.”In a brief statement, Project Veritas said its “news gathering was ethical and legal.”“A journalist’s lawful receipt of material later alleged to be stolen is routine, commonplace and protected by the First Amendment,” it said.It is unclear what impact the disclosure about Project Veritas’s role in the scheme will have on its operations, which are often funded by donors. The pleas mark the first time criminal charges have been filed in the theft of Ms. Biden’s diary, which she kept while she recovered from addiction and which contained intimate information about her and her family.“I know what I did was wrong and awful, and I apologize,” Mr. Kurlander said in court.“I sincerely apologize for any actions and know what I did was illegal,” Ms. Harris said.Mr. Kurlander and Ms. Harris, who surrendered to the authorities early Thursday, were released from custody after the hearing. Both are scheduled to be sentenced in December.Ms. Biden had left the diary at a friend’s home where she had been staying in Delray Beach, Fla., in 2020 and planned to return to retrieve it that year, according to interviews and court documents.After Ms. Biden left, her friend allowed Ms. Harris, who was in a bitter custody dispute and struggling financially, to stay at the home. Ms. Harris learned that Ms. Biden had been living there and found her belongings, including the diary, in August.She told Mr. Kurlander, who texted her that they could make a lot of money from the diary and family photos she had also found among Ms. Biden’s belongings. Mr. Kurlander, The New York Times has reported, then informed a Trump supporter and fund-raiser, Elizabeth Fago.Ms. Harris and Mr. Kurlander took the diary to a Trump fund-raiser at Ms. Fago’s home, where it was passed around, The Times reported last year, an event also documented in the court filing on Thursday. Before the event, the court papers said, Mr. Kurlander texted Ms. Harris: “On Sunday you may have a chance to make so much money.” Prosecutors said by that time she had stolen additional items belonging to Ms. Biden.“Omg. Coming with stuff that neither one of us have seen or spoken about,” Ms. Harris texted Mr. Kurlander. “I can’t wait to show you what Mama has to bring Papa.”Prosecutors said the pair had hoped to sell the items to the Trump campaign. But a representative of the campaign who was not identified in the court papers told the pair that they were not interested in buying the property and that they should take it to the F.B.I. Instead, The Times has reported, Ms. Fago ultimately helped direct Ms. Harris and Mr. Kurlander to Project Veritas.Aimee Harris admitted she took part in a conspiracy to transport stolen materials from Florida, where Ms. Biden had been living, to New York.Jefferson Siegel for The New York TimesIn September, Ms. Harris and Mr. Kurlander traveled to Manhattan to show Project Veritas the diary, telling two operatives for the group that they had found it and other items at the Delray Beach home where Ms. Biden had been staying with a friend. Project Veritas paid for the pair to go to New York and stay at a luxury hotel, prosecutors said.Prosecutors said that a Project Veritas operative wanted more of Ms. Biden’s property to try to authenticate the diary and would pay more for those additional items. Mr. Kurlander realized there was an opportunity to make more money from Project Veritas.Mr. Kurlander texted Ms. Harris, the court filing said, that they had “to tread even more carefully and that stuff needs to be gone through by us and if anything worthwhile it needs to be turned over and MUST be out of that house.”Ultimately, Project Veritas paid them $40,000.Prosecutors did not name the Project Veritas employees who met with Ms. Harris and Mr. Kurlander in New York, but last year the F.B.I. searched the home of Spencer Meads, a confidant of Mr. O’Keefe. The Times has previously reported that Mr. Meads was sent to Florida to authenticate the diary.Prosecutors said that one of the Project Veritas employees traveled to Florida on the same day that Ms. Harris and Mr. Kurlander stole the additional items. All three of them met, and Mr. Kurlander and Ms. Harris gave the Project Veritas operative the items. Mr. Kurlander also met with the operative the next day and provided an additional bag, prosecutors said.Project Veritas, which uses deceptive tactics to ensnare targets, undertook a wide-ranging effort to authenticate the diary. As part of that effort, an operative tried to trick Ms. Biden during a phone call into confirming that the diary was hers.Project Veritas later contacted Ms. Biden’s lawyers about the diary in an attempt to secure an interview with her father before the election. Ms. Biden’s lawyers told the group that the idea that she had abandoned the diary was “ludicrous” and accused the group of an “extortionate effort to secure an interview,” according to emails obtained by The Times. Ms. Biden’s lawyers then contacted federal prosecutors in Manhattan.In the midst of this exchange, a conservative website, National File, published excerpts from the diary on Oct. 24, 2020, and its full contents two days later. The disclosure drew little attention.National File said it had obtained the diary from someone at another organization that was unwilling to publish it in the campaign’s final days. Mr. O’Keefe was said to be furious that the diary ended up in the hands of National File.In early November 2020 — days after the election — Project Veritas arranged for Ms. Biden’s items to be taken to the Delray Beach Police Department, where a lawyer was captured on video saying the belongings might have been stolen. The police then contacted the F.B.I. More

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    Sean Hannity and Other Fox Stars Face Depositions in Defamation Suit

    The depositions are one of the clearest indications yet of how aggressively Dominion Voting Systems is moving forward with its suit against the media company.Some of the biggest names at Fox News have been questioned, or are scheduled to be questioned in the coming days, by lawyers representing Dominion Voting Systems in its $1.6 billion defamation suit against the network, as the election technology company presses ahead with a case that First Amendment scholars say is extraordinary in its scope and significance.Sean Hannity became the latest Fox star to be called for a deposition by Dominion’s legal team, according to a new filing in Delaware Superior Court. He is scheduled to appear on Wednesday.Tucker Carlson is set to face questioning on Friday. Lou Dobbs, whose Fox Business show was canceled last year, is scheduled to appear on Tuesday. Others who have been deposed recently include Jeanine Pirro, Steve Doocy and a number of high-level Fox producers, court records show.People with knowledge of the case, who would speak only anonymously, said they expected that the chief executive of Fox News Media, Suzanne Scott, could be one of the next to be deposed, along with the president of Fox News, Jay Wallace. Rupert and Lachlan Murdoch, whose family owns Fox, could follow in the coming weeks.The depositions are among the clearest indications yet of how aggressively Dominion is moving forward with its suit, which is set to go to trial early next year, and of the legal pressure building on the nation’s most powerful conservative media company. There have been no moves from either side to discuss a possible settlement, people with knowledge of the case have said.More Coverage of Fox News‘American Nationalist’: Tucker Carlson stoked white fear to conquer cable news. In the process, the TV host transformed Fox News and became former President Donald J. Trump’s heir.Empire of Influence: ​​A Times investigation looked at how the Murdochs, the family behind a global media empire that includes Fox News, have destabilized democracy on three continents.Defamation Case: ​​Legal scholars say that the $1.6 billion lawsuit filed by Dominion Voting Systems against the network could be one of the most consequential First Amendment cases in a generation.How Russia Uses Fox News: The network has appeared in Russian media as a way to bolster the Kremlin’s narrative about the Ukraine war.It is common for large media companies like Fox to settle such cases well before they reach the point where journalists or senior executives are forced to sit for questioning by lawyers from the opposing side. But both Dominion and Fox appear to be preparing for the likelihood that the case will end up in front of a jury.The suit accuses Fox of pushing false and far-fetched claims of voter fraud to lure back viewers who had defected to other right-wing news sources. In its initial complaint, Dominion’s lawyers framed their lawsuit as a matter of profound civic importance. “The truth matters,” they said, adding, “Lies have consequences.”The judge overseeing the case allowed Dominion in late June to expand the suit to include the cable news network’s parent company, Fox Corporation, potentially broadening the legal exposure of both Murdochs. Shortly after, Fox replaced its outside counsel on the case and hired one of the nation’s most prominent trial lawyers, Dan Webb.A spokesman for Fox Corporation has said that the First Amendment protected the company from the suit, and that any attempt by Dominion lawyers to put the Murdochs at the center of their case would be a “fruitless fishing expedition.”Both Dominion and Fox appear to be preparing for the case to go before a jury.Michael M. Santiago/Getty ImagesThe network is “confident we will prevail as freedom of the press is foundational to our democracy and must be protected,” a Fox News spokeswoman said in a statement. She added that the $1.6 billion in damages that Dominion is seeking are “outrageous, unsupported and not rooted in sound financial analysis.” According to court filings, Dominion estimates business losses at hundreds of millions of dollars and values the company at around $1 billion.Dominion’s legal complaint lays out how Fox repeatedly aired conspiracy theories about the company’s purported role in a plot to steal votes from former President Donald J. Trump, and argues that its business has suffered considerably as a result. Those falsehoods — including that Dominion was a pawn of the Venezuelan strongman Hugo Chavez and that its machines were designed with a feature that allowed votes to be flipped from one candidate to another — aired night after night as Fox hosts like Mr. Hannity and Mr. Dobbs allowed guests to make them on their shows, and in some cases vouched for them.Legal experts say the case is one of the most potentially consequential libel suits brought against an American media company in more than a generation, with the potential to deliver a judgment on a falsehood that has damaged the integrity of the country’s democratic system and remains an article of faith among many Trump supporters.Defamation is extremely difficult to prove in a case like this because of the broad constitutional protections that cover the news media. A company like Dominion has to prove either that a media outlet knew what it was publishing or broadcasting was false, or that it acted so hastily it overlooked facts proving that falsity, a legal standard known as demonstrating a “reckless disregard for the truth.”Dominion’s legal strategy, which it has detailed in court filings, hinges on getting testimony and unearthing private communications between Fox employees that prove either such recklessness or knowledge that the statements were false.The case has stirred considerable unease inside Fox all summer, as employees have had to turn over months of emails and text messages to Dominion lawyers and prepare for depositions. Other current and former Fox personalities who have been deposed include Dana Perino, Shepard Smith and Chris Stirewalt, who was part of the team that made the election night projection that Mr. Trump would lose Arizona, and the presidency as a result.This is not the first time that Mr. Hannity has been in the middle of a high-profile defamation suit. In 2018, Fox was sued by the parents of Seth Rich, a former Democratic National Committee staff member whom Mr. Hannity and others at Fox falsely linked to a hacking that resulted in committee emails being published by WikiLeaks. Mr. Rich was murdered in an apparent botched robbery in 2017, though conspiracy theorists tried to blame his death on Democratic operatives. Fox News later retracted some of its reporting on the story, saying it did not meet the network’s editorial standards.Fox settled the Rich case in the fall of 2020, before Mr. Hannity could be deposed. More

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    How a Corporate Law Firm Led a Political Revolution

    On a balmy Saturday night in June, Traci Lovitt hosted a 50th birthday party for her husband, Ara, at their 9,800-square-foot Westchester mansion overlooking Long Island Sound. The couple met while clerking for Supreme Court justices: Traci for Sandra Day O’Connor, Ara for Antonin Scalia. These days, Ara worked in finance. Traci was a top partner at — and a contender to one day run — the international law firm of Jones Day, best known for representing Donald Trump’s presidential campaigns. To serve as M.C. for the event, the Lovitts flew in Richard Blade, the veteran disc jockey Ara listened to while growing up in Southern California. But Blade wasn’t the party’s biggest star. That distinction belonged to Justice Amy Coney Barrett.One day earlier, Barrett and four of her colleagues on the Supreme Court overturned Roe v. Wade, ending the constitutional right to abortion. Now she was wearing a pink dress and sitting at a flower-bedecked table under a tent on the Lovitts’ lush lawn. Barrett clerked for Scalia in the same session as Ara, in 1998 and 1999, and also became friends with Traci, jogging together around the National Mall after work. (When Trump nominated Barrett to the Supreme Court in 2020, Traci wrote to senators, praising the judge’s fair-mindedness and commitment to the rule of law.) But the connection to the court ran deeper than that. Scalia had spent years at Jones Day in the 1960s. And Traci ran an elite practice inside the firm that was focused in part on arguing cases before Barrett and her colleagues. Guests at the Lovitts’ estate danced to Blade’s beats until 1 a.m. At one point, an attendee spotted Barrett chatting with Noel Francisco, another Jones Day partner, who had himself clerked for Scalia the year before Lovitt and Barrett. Francisco left the firm in 2017 to become Trump’s solicitor general, responsible for representing the government before the Supreme Court, and returned in 2020, eventually taking over Jones Day’s enormous Washington office. Now his and Lovitt’s underlings were appearing regularly before the court. In one recent case brought by Jones Day, the court killed the Biden administration’s moratorium on home evictions during the pandemic. Less than a week after the Lovitts’ party, in another case Jones Day worked on, the court would severely limit the Environmental Protection Agency’s regulation of power-plant emissions.For much of its history, Jones Day was a juggernaut in the field of corporate litigation. A global goliath with more than 40 offices and about 2,500 lawyers, it raked in billions a year in fees from tobacco, opioid, gun and oil companies, among many other giant corporations in need of a state-of-the-art defense. More than most of its competitors, the firm had an army of litigators who had perfected the art of exploiting tiny legal wrinkles, of burying outmatched opponents in paperwork and venue changes and procedural minutiae. But over the past two decades, Jones Day has been building a different kind of legal practice, one dedicated not just to helping Republicans win elections but to helping them achieve their political aims once in office. Chief among those aims was dismantling what Don McGahn — the Jones Day partner who helped run Trump’s campaign and then became his White House counsel — disparagingly referred to as the “administrative state.” To do that, the firm was bringing all the ruthless energy and creativity of corporate law to the political realm.Jones Day lured dozens of young Supreme Court clerks, mostly from conservative justices, with six-figure signing bonuses and the opportunity to work on favored causes, including legal challenges to gun control and Obamacare. The firm allotted countless pro bono hours to aiding the needy — and also to assisting deep-pocketed right-wing groups as they fought against early voting and a federal corporate-oversight body.Representing Trump’s 2016 campaign, Jones Day helped him solidify Republican support by pledging to pick federal judges from a list that was vetted in advance by the law firm and the Federalist Society. When Trump won, a large fleet of Jones Day lawyers sailed into his White House, the Justice Department and other parts of his administration. But the biggest impact was on the judiciary. Trump delegated the task of selecting federal judges to McGahn, who — working closely with Senator Mitch McConnell, the majority leader — placed well over 100 conservatives on the federal courts, including several who had recently worked at Jones Day. Even after rejoining Jones Day in 2019, McGahn continued to advise Senate Republicans on judicial strategy.It is not uncommon for partners at corporate law firms to dabble in politics. Nor is it rare for a firm itself to throw its weight behind causes on the left or the right. One of the country’s richest firms, Paul, Weiss, for example, has long staked out liberal stances on the public issues of the day (even as it rakes in fees from companies that undercut those ideals). What sets Jones Day apart is the degree to which it penetrated the federal government under Trump and is now taking advantage of a judicial revolution that it helped set in motion.The power of that revolution, which is spreading to courtrooms and statehouses around the country, is now on vivid display. Even with Democrats controlling the White House and Congress, the Supreme Court has been on a rightward tear. In its most recent term, Trump’s three appointees — the first two handpicked by McGahn and the third, Barrett, plucked by him out of academia for the federal bench — helped erase the constitutional right to abortion, erode the separation of church and state, undermine states’ power to control guns and constrain the authority of federal regulators. Jones Day had a hand in some of those cases, and the firm has telegraphed that it is eyeing additional legal challenges in line with its leaders’ ideology.Jones Day’s influence seems poised to grow. This year, it has been collecting fees from a remarkable assortment of prominent Republican players: a Trump political-action committee; moderates like Senator Susan Collins; Trump allies like Dr. Mehmet Oz; hard-liners like Representative Kevin McCarthy of California, the House minority leader, and Senator Ron Johnson of Wisconsin — not to mention an assortment of super PACs supporting fringe candidates like Herschel Walker, the former N.F.L. star who is running for a Senate seat in Georgia. Francisco recently represented former Attorney General Bill Barr before the House committee investigating the Jan. 6 attack on the Capitol. McGahn recently began representing Senator Lindsey Graham as he fights a grand jury subpoena to testify about Trump’s efforts to overturn the election results in Georgia. The chief of staff to Gov. Ron DeSantis of Florida is a recent Jones Day alum. The next Republican presidential administration — whether it belongs to Trump, DeSantis or someone else — will most likely be stocked with Jones Day lawyers.Founded in Cleveland in 1893, Jones Day was at the vanguard of an era of breakneck expansion in the legal industry. In the 1970s and ’80s, it was one of the first law firms to open multiple offices in the United States and then overseas. It was a tireless, and extremely successful, defender of some of America’s worst corporate actors. The firm helped R.J. Reynolds sow doubts about the dangers of cigarettes. It helped Charles Keating’s fraud-infested savings-and-loan association fend off regulators. It helped Purdue Pharma protect its patents for OxyContin. But it didn’t become a conservative machine until Stephen Brogan took over as managing partner in 2003.Brogan, the son of a New York City police officer, joined Jones Day straight out of the University of Notre Dame’s law school in 1977 and, aside from a two-year stint in the Reagan Justice Department, has worked there ever since. A number of Brogan’s allies said the key to understanding him and his politics was through his faith. “Brogan is extremely conservative, hard-core Catholic, and that is the bedrock of who he is,” one of his Jones Day confidants told me. Brogan brought on a series of high-profile devotees of the Federalist Society — including leading Reagan and Bush administration lawyers like Michael Carvin and Noel Francisco — to work in the firm’s issues-and-appeals practice, which became a sort of in-house conservative think tank. Even as most of the firm’s lawyers remained focused on bread-and-butter work for big companies, Jones Day took on a growing list of ideologically charged cases and causes, including efforts by the ultraconservative Buckeye Institute to prevent the expansion of early voting in Ohio and challenge the legitimacy of the Obama administration’s newly inaugurated Consumer Financial Protection Bureau. By 2014, when a trio of Republican lawyers at Patton Boggs, a Washington law firm that was in financial trouble, began looking for a new home, Jones Day was a natural fit. It was huge, it had a thriving Washington office and its leaders were conservative. Plus, the Patton Boggs crew — McGahn, Ben Ginsberg and William McGinley — would fill a void. While Jones Day had built up a formidable practice advising companies on how to navigate the federal bureaucracy, the firm didn’t have a practice advising politicians on how to navigate election and campaign-finance laws. And without the relationships that came from helping people win office, it was harder for Jones Day to wield influence on Capitol Hill and in the White House. It helped that Ginsberg, who had been the top lawyer on presidential campaigns by George W. Bush and Mitt Romney, had known Francisco and Carvin for years. During the interview process, Ginsberg told Francisco that he recognized that Jones Day, despite its conservative reputation, probably employed a lot of Democrats. Would it be a problem to bring in a team that would represent polarizing Republicans? It would not, Francisco assured him. Indeed, promoting conservative principles was becoming part of the firm’s marketing pitch. “The government’s tentacles invade virtually every aspect of what our clients do,” Francisco said in a Jones Day promotional video in 2015. “The job of a lawyer and the job of courts is to ensure that the federal government lives within the limits that our Constitution sets, and I love making sure that those lines are enforced.” Ginsberg and McGahn were well known throughout the Republican establishment, and several would-be presidents soon came to them seeking counsel; Govs. Scott Walker of Wisconsin, Rick Perry of Texas and Chris Christie of New Jersey would become clients. McGahn — who had recently served on the Federal Election Commission, watering down campaign-finance rules and slowing the agency’s decision-making in what he said was an effort to make it more responsive to the people and groups it regulated — also represented a who’s who of other G.O.P. power players: the Republican National Committee, the National Rifle Association, the billionaire Koch brothers.There was at least one other key client: Citizens United. The group, famous for its successful Supreme Court challenge of campaign spending restrictions, was run by Dave Bossie, an influential right-wing activist. One day in late 2014, Bossie and McGahn were on the phone, batting around ideas about which presidential campaigns the Jones Day lawyers should work for.The Trump InvestigationsCard 1 of 6The Trump InvestigationsNumerous inquiries. More

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    When It Comes to Eating Away at Democracy, Trump Is a Winner

    Donald Trump’s drive to undermine American democracy has proved strikingly successful.Take the most recent analysis by Varieties of Democracy, better known as V-Dem, an international organization founded in 2014 to track trends in democratization:While the United States remains a liberal democracy, V-Dem data shows that it is only a fraction away from losing this status after substantial autocratization. The U.S. Liberal Democratic Index score dropped from 0.85 in 2015 to 0.72 in 2020, driven by weakening constraints on the executive under the Trump administration.Of 179 countries surveyed, V-Dem found that the United States was one of 33 to have moved substantially toward “autocratization.” From 2016, when Trump won the presidency, to 2021, when he involuntarily left office, the United States fell from 17th to 29th in the global V-Dem democracy rankings:Liberal democracy remains significantly lower than before Trump came to power. Government misinformation declined last year but did not return to previous levels. Toxic levels of polarization continue to increase. Democracy survives in the United States, but it remains under threat. Of all the forces undermining democratic traditions in elections and policymaking — Donald Trump’s big lie, the politicization of ballot counting by Republican state legislatures, the attempt to disenfranchise segments of the population — one that has devastating potential is operating under the radar: the growing cynicism of younger voters.Daron Acemoglu, a professor of economics at M.I.T., contends that the decline in popular support for democracy is greater in the United States than elsewhere, especially among the young:“In our data younger people are less supportive of democracy,” Acemoglu wrote in an email. “In the U.S., this age gradient is particularly visible. Moreover, in the U.S., you see a large, across-the-board decline in support for democracy between 2011 and 2017. Is that the financial crisis? The beginning of Trumpism? Not sure.”In other respects, the adverse trends in the United States, Acemoglu points out, “are not unique to Trump. Look at it from an international perspective, Trumpism is no exception. You see similar dynamics in Brazil, Turkey, the Philippines, Hungary, Russia and somewhat less successfully in the U.K., France, Chile and Colombia. Trump is a particularly mendacious and noxious version, but he is not unique.”The United States does stand out, however, among developed countries with established democracies. Acemoglu added that “Other developed economies show some weakness, but the U.S., is distinctive in the degree to which its democracy has become weaker.”Why the United States?In his email Acemoglu suggested thatBoth center-right and center-left politicians promised huge gains from globalization and technology for everybody and aspirations rose. And many groups were disappointed and frustrated with either slow or sometimes no economic progress. In many cases, they also felt completely unheard and ignored by technocratic-sounding politicians using globalist language and proclaiming values that did not jibe so well with their preoccupations. All of these have been lived much more strongly in the U.S., where workers without a college degree have seen their real earnings fall significantly and their communities depressed. They have also come to believe that center-left and center-right governing parties were pushing different values than theirs and not listening to their concerns. The financial crisis much amplified these worries and of course the economic tensions.The widespread acceptance among Republican voters of Trump’s claim that the 2020 presidential election was stolen is, in Acemoglu’s view,a “signal.” You are signaling to the rest of the population and especially to the media that you are highly discontented, and you are distinct from the well-educated elites benefiting from the current system. If so, the more outrageous this signal sounds, the more effective it may be to some of the people who are trying to send the signal.Acemoglu acknowledged that thisis just a hypothesis, but if it were true, it would imply that demonizing Trump supporters would make things worse for Democrats. It may not be so much that they are completely delusional, but they are angry and feel outside of the mainstream. If so, finding ways of broadening the mainstream coalition may be a much more effective response.Herbert Kitschelt, a political scientist at Duke, noted in an email that the United States stands apart from most other developed nations in ways that may make this country especially vulnerable in the universe of democratic states to authoritarian appeals and democratic backsliding:There are two unique American afflictions on which Trump could thrive and that are not shared by any other advanced Western O.E.C.D. country: the legacy of slavery and racism, and the presence of fundamentalist Evangelicalism, magnifying racial and class divisions. There is no social organization in America that is as segregated as churches.In this context, Kitschelt wrote,a critical element of Trumpist support is trying to establish in all of the United States a geographical generalization of what prevailed in the American South until the 1960s Civil Rights movement: a white Evangelical oligarchy with repression — jailtime, physical violence and death — inflicted on those who will not succumb to this oligarchy. It’s a form of clero-fascism. A declining minority — defined in economic and religious terms — is fighting tooth and nail to assert its supremacy.Underlying the racial motivations, in Kitschelt’s view, arechanges in political economy and family structure, strongly related also to a decline of religion and religiosity. Religions, for the most part, are ideological codifications of traditional paternalist family kinship structures. Postindustrial libertarianism and intellectualism oppose those paternalisms. This explains why right-wing populists around the world draw on religion as their ultimate ideological defense, even if their religious doctrines are seemingly different: Trump (white Protestant Evangelicalism and Catholic ultramontanism), Putin (Orthodoxy), Modi (Hinduism), Erdogan (Islam), Xi (Confucianism).Lynn Vavreck, a political scientist at U.C.L.A., takes a different, but not necessarily contradictory approach. She is co-author of the forthcoming book, “The Bitter End: The 2020 Presidential Campaign and the Challenge to American Democracy,” with John Sides and Chris Tausanovitch, political scientists at Vanderbilt and U.C.L.A.In an email, Vavreck wrote that in their book,We describe the current state of American politics as ‘calcified’ — calcification, like in the human body, makes politics rigid. It is born of four factors: 1) Increasing distance between the parties (we are farther apart than ever ideologically); 2) Increasing homogeneity across issue positions within each party (we are more like our fellow partisans than ever); 3) The displacement of the “New Deal” dimension of conflict (size and role of government, tax rates) with a new dimension of conflict based on identity-inflected issues; 4) Partisan parity within the electorate (there is near balance between people who call themselves Ds and Rs right now).These four things make politics feel stuck and explosive. Here’s why: The stakes of election outcomes are very high because the other side is farther away than ever and victory is always within reach for both sides (due to the balance). The balance also means that instead of going back to the drawing board to rethink how they campaigned or what they offered, when one side loses, they don’t revamp their packages or strategies (they almost won!!), instead they try to change the rules of the game to advantage their side. This is the ultimate challenge to democracy — preventing parties from changing the rules to erode democratic principles.From a different vantage point, Vavreck observes, another “part of democracy — the representational part, so to speak — seems quite healthy at the moment.” The partiesare unique and offer two very different visions of the world to voters. Voters see and understand those differences. More voters see important differences between the parties today than have at any point since the 1950s! Nearly everyone — 9 out of 10 people — say they see important differences between the two parties. That is remarkable.For all of its faults, contemporary American democracy does perform the essential function of offering voters a choice, Vavreck continued:People know what kind of world they want to live in — and they can match that to the party offerings to figure out where they belong (and who to vote for). That there is no confusion about which party is on which side isn’t normatively bad or problematic — in fact, it makes democracy work better if it assists people in voting for candidates who align with their preferences.But the cost can be high, in Vavreck’s view, perhaps higher than the benefits:When parties attempt to erode democratic institutions like voting, election certification, or election administration; or to bully elected leaders to change legitimate outcomes, we obviously have challenges to democracy, but the clarity with which voters see these parties and understand how to choose between them should not be overlooked as a strong element of democracy in America at the moment.If polarization is a crucial aspect of democratic atrophy, all indications are that partisan hostility is entrenched in the social order.In their May 2022 paper, “Learning to Dislike Your Opponents: Political Socialization in the Era of Polarization,” Matthew Tyler and Shanto Iyengar, political scientists at Stanford, find that polarization, including a strong dislike of members of the opposition party, has been growing rapidly among adolescents, a constituency previously more neutral in its political views:We find that adolescents who identify as Republican or Democrat have become just as polarized as adults. The increased level of polarization in the youth sample occurs not because partisans became more positive in their evaluations of their own party but primarily because their distrust of the opposing party increased dramatically.Today, Tyler and Iyengar write,high levels of in-group favoritism and out-group distrust are in place well before early adulthood. In fact, the absence of age differences in our 2019 results suggests that the learning curve for polarization plateaus by the age of 11. This is very unlike the developmental pattern that held in the 1970s and 1980s, when early childhood was characterized by blanket positivity toward political leaders and partisanship gradually intruded into the political attitudes of adolescents before peaking in adulthood.What are the consequences of this shift among the young?“Fifty years ago,” Tyler and Iyengar report, “political socialization was thought to play a stabilizing role important to the perpetuation of democratic norms and institutions. In particular, children’s adoption of uncritical attitudes toward political leaders helped to legitimize the entire democratic regime.”“In the current era, the two authors note pointedly,it seems questionable whether the early acquisition of out-party animus fosters democratic norms and civic attitudes. Extreme polarization is now associated with rampant misinformation and, as indicated by the events that occurred in the aftermath of the 2020 election, with willingness to reject the outcome of free and fair electoral procedures.In fact, there has been a steady falloff in key measures of the vitality and strength of American democracy.Nicholas Valentino, a political scientist at the University of Michigan and a principal investigator on the American National Election Studies 2024 project, wrote by email thatWe do have some long-term trends in the ANES data that are troubling. Principal among these is a steady decline in the public’s trust in government in general, and in many specific institutions that are considered pillars of democratic legitimacy.This development includes an increase from 48 percent in 2002 to 64 percent in 2020 of people who say government operates “for the benefit of a few big interests” and a decline over the same period from 51 to 16 percent of people who say government operates “for the benefit of all.” Over the same 18-year period, a “trust in government” measure fell from 43 to 17 percent.Such downward trendlines are particularly worrisome, according to Valentino, because “the cornerstone of democratic stability lies in strong institutional legitimacy among the governed, regardless of which party is in charge.”Two types of events in upcoming elections, Valentino writes, “indicate that the U.S. has broken from mainstream democratic systems”:First, widespread refusal among losing candidates and members of their party to accept their losses in these elections; and second, state officials in certain states refusing to certify elections where candidates of their own party lose. Note these types of threats are significantly more serious to democracy even than the myriad changes to election laws that make it harder for citizens to vote, even when those laws disproportionately affect some groups more than others. This would be voter nullification after the fact.In their 2021 paper, “The Majoritarian Threat to Liberal Democracy,” Guy Grossman, Dorothy Kronick, Matthew Levendusky and Marc Meredith, political scientists at the University of Pennsylvania, argue that “many voters are majoritarian, in that they view popularly elected leaders’ actions as inherently democratic — even when those actions undermine liberal democracy.”The willingness of majoritarians “to give wide latitude to elected officials is an important but understudied threat to liberal democracy in the United States,” Grossman and his co-authors write.What liberal democrats see as backsliding, the four authors continue, “majoritarians see as consistent with democracy, which mutes the public backlash against power grabs.”Why?Many voters grant tremendous license to elected incumbents, perceiving incumbent behavior as ‘consistent with democracy’ — even if it undermines checks and balances or other aspects of liberal democracy.Jack Goldstone, a professor of public policy at George Mason University, stresses economic forces in his analysis of declining support for democracy.“The rise of authoritarian parties is rooted in rising inequality and even more in the loss of social mobility,” he wrote by email, adding thatMore rigid and culturally divided inequality breeds resentment of the elites. And I would say the elites brought this on themselves, by creating meritocratic bubbles that demean those outside, and access to which they increasingly control for their own families. The elites have implemented policies of globalization, meritocracy, and market-driven morals, preaching that these are for the best, while ignoring the widespread harm these policies have done to many millions of their fellow citizens. A bond with an authoritarian leader who is not beholden to these elites makes ordinary people feel stronger, and gives them a sense of importance and justice.In an essay last month, “Trump Was a Symptom, Not the Disease — and It’s Become a Global Pandemic,” Goldstone was sharply critical of economic and political elites, especially liberal elites:It is the actions of liberal elites — well-intended but grievously misguided — that have spawned the populist wave. In a variety of ways, ruling elites promoting globalization and diversity have deprived many groups in their own societies of opportunity, hope, and security.Along similar lines, but with a different emphasis, Elizabeth Suhay, a political scientist at American University, wrote by email that “the rise in authoritarian parties is primarily driven by discontent among the masses.” Scholars have demonstrated this, she continued, “at the individual level (e.g., whether a person is unemployed) and the national level (e.g., the national unemployment rate).”Suhay added a crucial caveat:I would also say that European and U.S. elites are an indirect cause of the rise of authoritarian parties. The neoliberal policies they have championed have led to increased inequality, stagnating wages, and a weaker safety net for most citizens. Economic distress, pessimism, and precarity increase citizens’ interest in radical political candidates and policies, on both sides of the political aisle.Trump, Suhay argues,deserves substantial blame for the recent challenges to democracy in the United States. It is difficult to overstate how unique he is on the American political scene with respect to his genuinely authoritarian tendencies. This said, it is important to recognize that a substantial portion of the electorate was strongly attracted to these very tendencies. In my view, it is due to a combination of factors that have generated deep anxiety about their own lives as well as the state of the nation: economic precarity and pessimism, rapidly increasing racial and ethnic diversity, and declining social capital. In response to these anxieties, a powerful person who promises to turn America’s clock back several decades is very attractive.Acemoglu, the M.I.T. economist, argues that one way to address the discontent with contemporary democracy among so many voters on the right would be to implement traditional center-left economic policies, including many supported by the Biden administration. Acemoglu makes the case that the activist wing of the Democratic Party has undermined the effectiveness of this approach:The tragedy here is that Democrats have the plans to deliver public services and more broad-based economic growth, and this would help many Trump supporters as well. But Republicans have become very united in blocking all such policies, and Democrats themselves appear to work hard to alienate these groups, for example, by appearing more radical than they truly are, or banding around slogans such as defund the police or open borders.There is a strong argument, Acemoglu continued,that not just the United States, but many other countries, need traditional social democratic/labor party type coalitions to support wage growth, worker protection, public service delivery, redistribution, health care and better health services, as well as antimonopoly regulations and policies. But the posturing and noneconomic language that many center-left parties have adopted make the coalition that would support this type of social democratic party much more difficult or even impossible.Given the intransigent, anti-democratic posture of the Republican Party and its leaders, only the Democratic Party, its shortcomings notwithstanding, is equipped to lead a drive to restore democratic norms. To become an effective force for reform, the party must first cease alienating key swing voters.While many voters disagree with the progressive movement, especially in its more cultural and identitarian forms, many more agree with its redistributive agenda: the reduction of inequality through the transfer of income, wealth and opportunity to middle and working class America. The stakes in this struggle could not be higher.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    The Idea That Letting Trump Walk Will Heal America Is Ridiculous

    The main argument against prosecuting Donald Trump — or investigating him with an eye toward criminal prosecution — is that it will worsen an already volatile fracture in American society between Republicans and Democrats. If, before an indictment, we could contain the forces of political chaos and social dissolution, the argument goes, then in the aftermath of such a move, we would be at their mercy. American democracy might not survive the stress.All of this might sound persuasive to a certain, risk-averse cast of mind. But it rests on two assumptions that can’t support the weight that’s been put on them.The first is the idea that American politics has, with Trump’s departure from the White House, returned to a kind of normalcy. Under this view, a prosecution would be an extreme and irrevocable blow to social peace. But the absence of open conflict is not the same as peace. Voters may have put a relic of the 1990s into the Oval Office, but the status quo of American politics is far from where it was before Trump.The most important of our new realities is the fact that much of the Republican Party has turned itself against electoral democracy. The Republican nominee for governor in Arizona — Kari Lake — is a 2020 presidential election denier. So, too, are the Republican nominees in Arizona for secretary of state, state attorney general and U.S. Senate. In Pennsylvania, Republican voters overwhelmingly chose the pro-insurrection Doug Mastriano to lead their party’s ticket in November. Overall, Republican voters have nominated election deniers in dozens of races across six swing states, including candidates for top offices in Georgia, Nevada and Wisconsin.There is also something to learn from the much-obsessed-over fate of Liz Cheney, the arch-conservative representative from Wyoming, who lost her place on the Republican ticket on account of her opposition to the movement to “stop the steal” and her leadership on the House Jan. 6 committee investigating Trump’s attempt to overturn the presidential election to keep himself in office. Cheney is, on every other issue of substance, with the right wing of the Republican Party. But she opposed the insurrection and accepted the results of the 2020 presidential election. It was, for Wyoming voters, a bridge too far.All of this is to say that we are already in a place where a substantial portion of the country (although much less than half) has aligned itself against the basic principles of American democracy in favor of Trump. And these 2020 deniers aren’t sitting still, either; as these election results show, they are actively working to undermine democracy for the next time Trump is on the ballot.This fact, alone, makes a mockery of the idea that the ultimate remedy for Trump is to beat him at the ballot box a second time, as if the same supporters who rejected the last election will change course in the face of another defeat. It also makes clear the other weight-bearing problem with the argument against holding Trump accountable, which is that it treats inaction as an apolitical and stability-enhancing move — something that preserves the status quo as opposed to action, which upends it.But that’s not true. Inaction is as much a political choice as action is, and far from preserving the status quo — or securing some level of social peace — it sets in stone a new world of total impunity for any sufficiently popular politician or member of the political elite.Now, it is true that political elites in this country are already immune to most meaningful consequences for corruption and lawbreaking. But showing forbearance and magnanimity toward Trump and his allies would take a difficult problem and make it irreparable. If a president can get away with an attempted coup (as well as abscond with classified documents), then there’s nothing he can’t do. He is, for all intents and purposes, above the law.Among skeptics of prosecution, there appears to be a belief that restraint would create a stable equilibrium between the two parties; that if Democrats decline to pursue Trump, then Republicans will return the favor when they win office again. But this is foolish to the point of delusion. We don’t even have to look to the recent history of Republican politicians using the tools of office to investigate their political opponents. We only have to look to the consequences of giving Trump (or any of his would-be successors) a grant of nearly unaccountable power. Why would he restrain himself in 2025 or beyond? Why wouldn’t he and his allies use the tools of state to target the opposition?The arguments against prosecuting Trump don’t just ignore or discount the current state of the Republican Party and the actually existing status quo in the United States, they also ignore the crucial fact that this country has experience with exactly this kind of surrender in the face of political criminality.National politics in the 1870s was consumed with the question of how much to respond to vigilante lawlessness, discrimination and political violence in the postwar South. Northern opponents of federal and congressional intervention made familiar arguments.If Republicans, The New York Times argued in 1874, “set aside the necessity of direct authority from the Constitution” to pursue their aims in the South and elsewhere, could they then “expect the Democrats, if they should gain the power, to let the Constitution prevent them from helping their ancient and present friends?”The better approach, The Times said in an earlier editorial, was to let time do its work. “The law has clothed the colored man with all the attributes of citizenship. It has secured him equality before the law, and invested him with the ballot.” But here, wrote the editors, “the province of law will end. All else must be left to the operation of causes more potent than law, and wholly beyond its reach.” His old oppressors in the South, they added, “rest their only hope of party success upon their ability to obtain his goodwill.”To act affirmatively would create unrest. Instead, the country should let politics and time do their work. The problems would resolve themselves, and Americans would enjoy a measure of social peace as a result.Of course, that is not what happened. In the face of lawlessness, inaction led to impunity, and impunity led to a successful movement to turn back the clock on progress as far as possible, by any means possible.Our experience, as Americans, tells us that there is a clear point at which we must act in the face of corruption, lawlessness and contempt for the very foundations of democratic society. The only way out is through. Fear of what Trump and his supports might do cannot and should not stand in the way of what we must do to secure the Constitution from all its enemies, foreign and domestic.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    Arkansas violated the Voting Rights Act by limiting help to voters, a judge rules.

    A federal judge ruled that Arkansas violated the Voting Rights Act with its six-voter limit for those who help people cast ballots in person, which critics had argued disenfranchised immigrants and people with disabilities.In a 39-page ruling issued on Friday, Judge Timothy L. Brooks of the U.S. District Court in Fayetteville, Ark., wrote that Congress had explicitly given voters the choice of whom they wanted to assist them at the polls, as long as it was not their employer or union representative.Arkansas United, a nonprofit group that helps immigrants, including many Latinos who are not proficient in English, filed a lawsuit in 2020 after having to deploy additional employees and volunteers to provide translation services to voters at the polls in order to avoid violating the state law, the group said. It described its work as nonpartisan.State and county election officials have said the law was intended to prevent anyone from gaining undue influence.Thomas A. Saenz is the president and general counsel of the Mexican American Legal Defense and Educational Fund, which represented Arkansas United in the case. He said in an interview on Monday that the restrictions, enacted in 2009, constituted voter suppression and that the state had failed to present evidence that anyone had gained undue influence over voters when helping them at the polls.Read More About U.S. ImmigrationA Billion-Dollar Business: Migrant smuggling on the U.S. southern border has evolved over the past 10 years into a remunerative operation controlled by organized crime.Migrant Apprehensions: Border officials already had apprehended more migrants by June than they had in the entire previous fiscal year, and are on track to exceed two million by the end of September.An Immigration Showdown: In a political move, the governors of Texas and Arizona are offering migrants free bus rides to Washington, D.C. People on the East Coast are starting to feel the effects.“You’re at the polls,” he said. “Obviously, there are poll workers are there. It would seem the most unlikely venue for undue voter influence to occur, frankly.”Mr. Saenz’s organization, known as MALDEF, filed a lawsuit this year challenging similar restrictions in Missouri. There, a person is allowed to help only one voter.In Arkansas, the secretary of state, the State Board of Election Commissioners and election officials in three counties (Washington, Benton and Sebastian) were named as defendants in the lawsuit challenging the voter-assistance restrictions. It was not immediately clear whether they planned to appeal the ruling.Daniel J. Shults, the director of the State Board of Election Commissioners, said in an email on Monday that the agency was reviewing the decision and that its normal practice was to defend Arkansas laws designed to protect election integrity. He said that voter privacy laws in Arkansas barred election officials from monitoring conversations between voters and their helpers and that this made the six-person limit an “important safeguard” against improper influence.“The purpose of the law in question is to prevent the systematic abuse of the voting assistance process,” Mr. Shults said. “Having a uniform limitation on the number of voters a third party may assist prevents a bad actor from having unlimited access to voters in the voting booth while ensuring voter’s privacy is protected.”Chris Powell, a spokesman for the secretary of state, said in an email on Monday that the office was also reviewing the decision and having discussions with the state attorney general’s office about possible next steps.Russell Anzalone, a Republican who is the election commission chairman in Benton County in northwestern Arkansas, said in an email on Monday that he was not familiar with the ruling or any changes regarding voter-assistance rules. He added, “I follow the approved State of Arkansas election laws.”The other defendants in the lawsuit did not immediately respond on Monday to requests for comment.In the ruling, Judge Brooks wrote that state and county election officials could legally keep track of the names and addresses of anyone helping voters at the polls. But they can no longer limit the number to six voters per helper, according to the ruling.Mr. Saenz described the six-voter limit as arbitrary.“I do think that there is a stigma and unfair one on those who are simply doing their part to assist those who have every right to be able to cast a ballot,” he said. More